A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person in charge of the sales of drugs and sales proceeds as a business member of the victim C Co., Ltd. in Seocho-gu Seoul Metropolitan Government.

The Defendant sold drugs and deposited the sales proceeds received from a pharmacy in full in the victim company, and received 4.5 percent of the sales proceeds as allowances, and the Defendant carried on business by paying the amount equivalent to 2.8 percent of the sales proceeds from the paid allowances to the pharmacy again as financial expenses.

However, the Defendant, at around 2008, failed to pay money due to the reasons such as failure to collect money from some of the pharmacies, etc., sentenced to voluntary use such as paying part of the sales proceeds to the victim company without paying the full amount of the sales proceeds received from the pharmacy, and paying them in advance as financial expenses to the pharmacy.

Around January 2017, the Defendant received KRW 23,671,725 from the “E pharmacy” located in Yongsan-gu, Ilyang-si and embezzled KRW 661,688 of the sales price of the drug of the victim company for the victim company. Around that time, the Defendant voluntarily paid financial expenses to the above pharmacy and embezzled it. As indicated in the list of crimes in the attached Table, the Defendant embezzled KRW 316,734,539 of the total amount of money deposited from the said 19 pharmacy from around 2008 to February 2017.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. The confirmation of each obligation and the plan for repayment, a written statement of repayment, a business registration certificate, a complete certificate of registered matters, a list by customer's pharmacy, the balance by customer's pharmacy, and the application of the electronic tax invoice statutes;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The period, frequency, and scale of damage caused by the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act